Article 36

1. Where an approval authority finds that an EU type-approval that has been granted by the approval authority of another Member State is not in compliance with this Regulation, it shall refuse to recognise that approval. 2. The approval authority shall notify its refusal to the approval authority that granted the EU type-approval, to the approval authorities of the other Member States, and to the Commission. Where within 1 month of the notification, the non-compliance of the EU type-approval is confirmed by the approval authority that granted the EU type-approval, that approval authority shall withdraw the EU type-approval. 3. Where, within 1 month of the notification referred to in paragraph 2, an objection has been raised by the approval authority that granted the EU type-approval, the Commission shall consult the Member States without delay, in particular the approval authority that granted the EU type-approval and the relevant economic operator. 4. On the basis of the consultation referred to in paragraph 3 of this Article, the Commission shall adopt implementing acts to decide if the refusal of recognition of the EU type-approval referred to in paragraph 1 of this Article is justified. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(2). The Commission shall immediately communicate the decision referred to in the first subparagraph of this paragraph to the relevant economic operators. The Member States shall implement such acts without delay and shall inform the Commission accordingly. 5. Where the Commission establishes that an EU type-approval that has been granted is not in compliance with this Regulation, it shall consult the Member States without delay, in particular the approval authority that granted the EU type-approval and the relevant economic operator. On the basis of consultations referred to in the first subparagraph of this paragraph the Commission shall adopt an implementing act to decide on the refusal of the recognition of EU type-approval referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(2). 6. Articles 33, 34 and 35 apply to non-road mobile machinery that is the subject of a non-compliant EU type-approval and that has already been made available on the market.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-15 · Text as adopted (Official Journal); later amendments are not incorporated in this text.